If you are considering ending your marriage, understanding South Carolina divorce law is one of the first and most important steps you can take. Whether you are just beginning to research your options or are ready to move forward, knowing how the legal process works helps you make informed decisions during what is likely one of the most difficult times of your life. From property division to grounds for filing, our divorce attorneys at Turner Family Law know the rules that govern divorce in South Carolina.
Grounds for Divorce in South Carolina
You can file for a no-fault or fault-based grounds for divorce in the Palmetto State, and the ground you choose has real consequences for your timeline and your outcomes.
The no-fault ground requires that both spouses have lived separately, in separate residences, for a continuous period of at least one year. Living in different bedrooms under the same roof does not satisfy this requirement. If that 12-month period has not passed, you will need to pursue a fault-based filing to move forward immediately.
Fault grounds in South Carolina include adultery, physical cruelty, habitual drunkenness or drug use, and desertion lasting one year or more. Filing on a fault ground lets you skip the separation waiting period entirely, but the impact does not stop there. Under SC Code § 20-3-130(A), a spouse who committed adultery may be barred from receiving alimony. Marital misconduct can also affect how the court divides property if that misconduct caused the breakdown of the marriage or damaged the couple’s finances.
Is South Carolina a 50/50 State for Divorce?
One of the most common questions people have when they begin researching divorce in South Carolina is whether marital property gets divided equally between spouses. The short answer is no. South Carolina is an equitable distribution state, not a community property state. That means the court divides marital property fairly rather than automatically splitting it down the middle.
Equitable does not mean equal. Under SC Code § 20-3-620, a family court judge weighs 15 statutory factors when deciding how to divide the marital estate. Those factors include the length of the marriage, the ages of both spouses, each party’s financial situation and earning potential, custody arrangements, tax consequences, prior support obligations, the existence of retirement benefits, and any nonmarital property each spouse holds, among others. A long marriage often moves the court toward a more even split, but the outcome is always fact-specific. There are no guarantees, and assumptions about what is “fair” do not always match what the court decides.
What Counts as Marital Property in SC?
Marital property generally includes any assets acquired by either spouse during the marriage, regardless of whose name appears on the title. That covers the family home, vehicles, bank accounts, retirement accounts, investment portfolios, business interests, and stock options. Debts incurred during the marriage are also subject to division under divorce law in South Carolina.
Separate property is not subject to division. Gifts given to one spouse individually, inheritances received by one spouse, and property owned before the marriage are typically considered nonmarital, provided they have been kept separate and not commingled with marital funds. An inheritance deposited into a joint account, for instance, is far more likely to lose its nonmarital character than one kept in a dedicated separate account. This distinction matters more than many people expect, and it is worth understanding before any division discussions begin.
How Alimony Works in South Carolina
Alimony is not automatically awarded in every South Carolina divorce. When determining whether to grant spousal support and in what amount, the court considers factors including each spouse’s anticipated earnings, the standard of living established during the marriage, the length of the marriage, each party’s age and health, and marital misconduct. South Carolina recognizes several types of alimony, including periodic alimony, lump-sum alimony, rehabilitative alimony, and reimbursement alimony. Each serves a different purpose and applies to different circumstances.
As noted above, a spouse found to have committed adultery is generally barred from receiving alimony at all. This is one of the more significant ways that fault can shape financial outcomes in a South Carolina divorce.
Residency Requirements
Before filing for divorce in South Carolina, at least one spouse must meet the state’s residency requirement. If only one spouse lives in South Carolina, that spouse must have been a resident for at least one year before filing. If both spouses are SC residents, the required period drops to three months.
Child-Related Issues
Child custody and child support are handled as separate matters under state law. Custody decisions are based on the child’s best interests, and support amounts are calculated using the state’s income-sharing model. Parenting time, legal custody, and physical custody can all be disputed independently and carry their own legal standards.
Talk to Our Greenville Divorce Attorneys
Divorce is rarely simple, and the stakes are high enough that having informed legal guidance makes a meaningful difference. Whether your situation involves complex assets, a fault-based filing, contested custody, or questions about alimony, understanding how South Carolina divorce law applies to your specific circumstances is the best place to start. Turner Family Law can help.
Call 864-778-2734 or reach out online today to schedule a consultation with Turner Family Law.
